Van Eyk Investments Pty Limited, in the matter of Van Eyk Investments Pty Limited [2011] FCA 737

FEDERAL COURT OF AUSTRALIA

Van Eyk Investments Pty Limited, in the matter of Van Eyk Investments Pty Limited [2011] FCA 737 Citation: Van Eyk Investments Pty Limited, in the matter of Van Eyk Investments Pty Limited [2011] FCA 737

Parties: VAN EYK INVESTMENTS PTY LIMITED (IN LIQUIDATION) ACN 078 974 197, BLAIR ALEXANDER PLEASH and RICHARD ALBARRAN

File number(s): NSD 677 of 2011

Judge: EMMETT J

Date of judgment: 3 June 2011

Legislation: Corporations Act 2001 (Cth) ss 439A, 439B, 445F, 447A

Cases cited: Bovis Lend Lease Pty Ltd v Wily (2003) 45 ACSR 612

Date of hearing: 3 June 2011

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 10

Counsel for the plaintiffs: D R Stack

Solicitor for the plaintiffs: O'Neill Partners

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 677 of 2011

IN THE MATTER OF VAN EYK INVESTMENTS PTY LIMITED (IN LIQUIDATION) ACN 078 974 197 VAN EYK INVESTMENTS PTY LIMITED (IN LIQUIDATION) ACN 078 974 197

First Plaintiff

BLAIR ALEXANDER PLEASH and RICHARD ALBARRAN

Second Plaintiffs

JUDGE: EMMETT J DATE OF ORDER: 3 JUNE 2011 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to section 447A of the Corporations Act 2001 (Cth) (the Corporations Act), Part 5.3A of the Corporations Act operate in respect of the affairs of Van Eyk Investments Pty Limited (the Company) as if: 1.1 the meeting of creditors of the Company purportedly held on 29 July 2010 was invalid and the resolutions passed at that meeting were ineffective; 1.2 the deed of company arrangement dated 26 May 2009, entered into by the Company was not terminated on 29 July 2010, but has since 26 May 2009 remained, and continues to remain, in full force and operation; and 1.3 Blair Alexander Pleash and Richard Albarran (the Deed Administrators) are, and since 26 May 2009 have been, the Deed Administrators of the deed of company arrangement. 2. Forthwith upon the making of these orders, the Deed Administrators: 2.1 lodge a copy of the orders with the Australian Securities and Investments Commission; and 2.2 cause all persons set out in Annexure A to the originating process to be given written notice of the making of these orders. 3. The Deed Administrators, within 28 days of the making of these orders, convene a meeting of the creditors of the Company pursuant to s 445F of the Corporations Act by issuing written notice pursuant to s 445F(2) in the form of the Notice of Meeting annexed to the originating process. 4. The proceeding be otherwise dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.